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Advertising, Marketing & Promotions

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OVERVIEW

Our attorneys in our Advertising, Marketing and Promotions practice assist in-house legal and marketing teams in planning for and executing advertising, marketing and promotional campaigns that comply with complex and rapidly changing state and federal laws. We also defend companies accused by consumers, competitors or regulatory agencies of violating these laws.

In addition to traditional broadcast and print communications, "advertising" includes product packaging and in-store and online promotional materials. The industry is regulated by federal agencies, such as the Federal Trade Commission, industry groups such as the National Advertising Division of the Council of Better Business Bureaus, and state truth-in-advertising and competition laws. Penalties for noncompliance can be significant: monetary damages, injunctions and corrective advertising, together with substantial negative media coverage and damage to a brand's reputation.

Perkins Coie helps clients navigate these layers of complicated laws and regulations, positioning clients to avoid costly and damaging pitfalls.

We provide counseling and litigation assistance related to all aspects of advertising, marketing and promotions including:

  • Advertising content review
  • Sweepstakes and promotions
  • Rebates, coupons and gift cards
  • E-mail and online marketing
  • Mobile marketing
  • Social media marketing
  • Product development
  • Labeling and packaging
  • Contract negotiations
  • Licensing agreements
  • Trademarks and copyrights
  • Privacy, data security and online behavioral advertising
  • False and misleading advertising
  • Consumer protection
  • Intellectual property rights
  • Antitrust
  • Product liability

Our clients include mobile providers, telecommunications companies, gaming companies, retailers, manufacturers, advertising agencies, social media networks, e-commerce companies, and food and dietary supplement producers.

We frequently present seminars to in-house counsel and marketing professionals regarding the proper development, presentation and execution of advertising, marketing and other promotional campaigns, such as contests, sweepstakes and national advertising campaigns, and our counsel includes ways for clients to ensure compliance with state and federal laws.

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